Assault

Question 1

Define Assault

Answer 1

Act of deliberately/intentionally applying or attempting to apply force to another person directly or indirectly

OR

Threatening by act or gesture to apply force to another person. Meaning to cause them harm and victim believes on reasonable grounds this is true.

Question 2

ELEMENTS of Assault

Answer 2

1. Assault

2. Another person

Question 3

ELEMENTS of Assault with a weapon

Answer 3

1. Assault
2. Another person
3. Anything used as a weapon

Question 4

Eva pulled the chair out from Ruby and Ruby fell

Answer 4

Indirect assault

Question 5

Doctrine of Transferred Malice

1. Definition
2. Example

Answer 5

1. If offender has mens reas and actus reas to assault even if victim differs from the one intended
2. Jonty punched George but missed and ended up hitting Angus

Question 6

Conditional Assault

Answer 6

Victim is told assault won’t occur if victim complies

ie. Ashleigh threatens Monica with act/gesture BUT also says “you won’t be assaulted if you leave my room”

Question 7

Implied consent

Answer 7

ie. Handshake, act of affection: kiss, hug

Question 8

Legal justification of force

Act and section

Answer 8

The Crimes Act 1961)

• Section 59 Parental Control
• Section 39: Power to use force to make arrest
• Section 40: Stop a person escaping/rescue
• Section 42: Breach of peace
• Section 48: Defend self or mate

*Unnecessary/unjustifiable force used by officer is police misconduct and illegal under Section 62.

Question 9

Mens Reas

Answer 9

Intent

Question 10

Actus Reas

Answer 10

The act/action